A.M. No. CA-15-32-P July 29, 2015
COMMITTEE ON ETHICS & SPECIAL CONCERNS, COURT OF APPEALS, MANILA, Complainant, vs. MARCELO B. NAIG, Utility Worker II, Maintenance and Utility Section, Court of Appeals, Manila, Respondent.

FACTS

The case stemmed from a letter dated June 25, 2013, from Associate Justice Eduardo B. Peralta, Jr. and Atty. Caroline G. Ocampo Peralta endorsing the Salaysay of respondent Marcelo B. Naig, a Utility Worker II at the Court of Appeals. In his Salaysay, respondent admitted that he is a married man with four children but, around March 2013, he engaged in an illicit relationship with a woman named Emma Sabado, which resulted in the birth of a child. He pledged to provide monthly support. The matter was referred for investigation. Respondent submitted subsequent Salaysay reiterating his commitment to support the child and explaining that he and his wife, Elena, had been separated for about six years. He submitted letters from his wife and from Emma (written by a cousin due to Emma’s illiteracy), but the Committee on Ethics and Special Concerns found these unsworn and unauthenticated, thus lacking probative value. The Committee found respondent guilty of disgraceful and immoral conduct and recommended a one-year suspension. The Office of the Court Administrator (OCA) affirmed the finding of guilt but, considering it was his first offense, his separation from his wife, and his remorse, recommended a fine of P10,000.00 and an order to discontinue the extramarital relationship until his marriage is legally terminated.

ISSUE

Whether respondent Marcelo B. Naig is administratively liable for disgraceful and immoral conduct.

RULING

Yes, the Supreme Court found respondent guilty of disgraceful and immoral conduct under Section 46 B.3, Rule 10 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS). The Court emphasized that court personnel are held to the highest standards of morality and decency, and their conduct must be free from any whiff of impropriety both in their official duties and private lives. Respondent’s own admission to engaging in an illicit relationship with a woman not his wife and fathering a child constitutes willful, flagrant conduct showing moral indifference to societal norms, fitting the definition of disgraceful and immoral conduct. While the OCA recommended a fine, the Court deemed a suspension appropriate given the gravity of the offense and the need to maintain the judiciary’s integrity. Considering it was his first offense and his expression of remorse, the Court modified the penalty. Respondent Marcelo B. Naig is SUSPENDED for six (6) months and one (1) day without pay and is STERNLY WARNED that a repetition of the same or similar offense shall be dealt with more severely. He was also ordered to desist from continuing his relationship with Emma Sabado until his marriage is legally terminated.